Search for: "Debtors and Debtors in Possession"
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27 Mar 2011, 11:34 pm
To balance the playing field between landlords and tenants, Congress enacted a provision of the Bankruptcy Code requiring a chapter 11 debtors in possession to make all post-bankruptcy lease payments. [read post]
5 Jan 2023, 10:09 am
Wages – Wages earned by the debtor are generally exempt from liquidation during Chapter 7 bankruptcy. [read post]
2 Nov 2009, 10:01 pm
Group last fall without requiring debtor-in-possession financing protections under chapter 11 of the Bankruptcy Code is going to result in a total loss of that investment. [read post]
18 Nov 2011, 8:25 am
§ 103 Proof in Action to Recover for Injuries Caused by Dangerous or Defective Scaffolding Proof for Rejection of Collective Bargaining Agreement by Debtor-in-Possession in Chapter 11 Proceeding, Pursuant to 11 U.S.C.A. [read post]
15 Feb 2020, 3:05 pm
The motion was joined by the creditors committee and one of the debtor in possession's largest debt holders. [read post]
15 Feb 2020, 9:04 pm
According to this press release, Fansler collected rents from mall tenants, failed to deposit the rents into a debtor in possession account, and used approximately $225,000 of the funds for other purposes, concealing them from creditors. [read post]
28 Jul 2009, 6:04 pm
The initial monthly operating report, a copy of which is embedded below, includes the following information:13-week cash flow projections/budgetCertificates of workers' compensation, general liability, vehicle and other insurance policiesEvidence of debtor-in-possession bank accountsDetails on professional retainers paidDownload copies of every document filed in this bankruptcy case and the bankruptcy cases of over 600 other major corporations using netDockets. [read post]
29 Jul 2014, 10:52 am
Federal judges are possessed of awesome powers, but not that awesome. [read post]
12 Dec 2009, 4:23 pm
Weekly D2490aCreditors' rights -- Garnishment -- Priorities -- Trial court properly determined that judgment lien controlled distribution of cash bond that had been deposited with clerk of court in an unrelated case and returned to debtor's attorney upon close of case -- Intervenor which claimed security interest in cash bond based on Uniform Commercial Code financing statement failed to establish that cash bond fell under any of the categories of collateral described in security… [read post]
3 Oct 2019, 4:29 am
When a debtor does not file bankruptcy, creditors can pursue that debtor for years, file lawsuits, garnish wages and even seize bank accounts with a court order. [read post]
30 Dec 2013, 7:56 am
Too often, the debtor didn’t know that and the collector got a judgment on debt that should have been unenforceable. [read post]
15 Sep 2009, 1:43 pm
"So, to summarize, the question is whether a debtor can continue to make payments on an underwater car and retain possession of it, or can a creditor repossess the item even though the debtor's still current? [read post]
19 Oct 2011, 2:29 am
Under federal law in the event of a Chapter 7, a debtor can keep his home, only if the debtor has less than $20,000 worth of equity in his home, after bearing all expenses to sale the home. [read post]
12 Mar 2012, 7:30 am
I’ve reviewed any number of newbie plans that use the non exempt equity in the debtor’s possessions as the liquidation premium. [read post]
21 Feb 2007, 7:05 am
Chapter 13 allows an individual with regular income to have some debts excused after completing a debt-payment plan approved by the bankruptcy court; in that situation, the debtor retains possession of the property. [read post]
11 Mar 2015, 10:55 am
One reason for the Commission’s recommendation was “the perceived value in maintaining some type of gating feature to vet those contracts that a debtor in possession could assume, assign, or reject in the chapter 11 case. [read post]
26 Mar 2014, 11:58 am
The answer to that question is the focus of the security interest defense that is embodied in § 547(c)(3): The trustee may not avoid under this section a transfer — . . . that creates a security interest in property acquired by the debtor — (A) to the extent such security interest secures new value that was — (i) given at or after the signing of a security agreement that contains a description of such property as collateral; (ii) given by or on behalf of the… [read post]
27 Jun 2013, 9:44 am
Shortly thereafter, School Specialty filed a chapter 11 bankruptcy petition and sought an order approving debtor-in-possession financing to be provided by Bayside (the “DIP Loan”). [read post]
11 Mar 2014, 12:11 pm
If the defendant holds stock in a corporation, you can execute on the shares, take possession of them, and sell them. [read post]
14 Jan 2022, 5:14 am
An educated debtor is a successful debtor. [read post]
